City Council

COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 62 MINUTES OF THE MEETING FEBRUARY 27, 2023 Note: Due to technical difficulties with the DCR sound system, the Council meeting was recorded on a handheld recorder. The Minutes were transcribed as accurately as possible. PRESIDENT SHERER: Good evening ladies and gentlemen, and welcome to Canton City Council. If everybody could please turn your cell phones to vibrate. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Madam Clerk. ROLL CALL TAKEN BY CLERK WOOD: 12 COUNCIL MEMBERS PRESENT: (WILLIAM SMUCKLER, JAMES BABCOCK, LOUIS GIAVASIS, GREG HAWK, BRENDA KIMBROUGH, JASON SCAGLIONE, CHRIS SMITH, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. CLERK WOOD: Twelve present, Mr. President. PRESIDENT SHERER: Tonight’s invocation will be given by Reverend Member-at-Large, Mr. James Babcock. If you would all please stand and remain standing for The Pledge of Allegiance, please. MEMBER BABCOCK: Thank you, Mr. President. The regular meeting of Canton City Council was held on February 27, 2023 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Jill M. Wood. The invocation was given by Council Member-at-Large, James Babcock. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Thank you, Member Babcock. AGENDA CORRECTIONS AND CHANGES PRESIDENT SHERER: We are now under Agenda Corrections and Changes. Leader. MEMBER SMUCKLER: Mr. President, I move Rule 22A be suspended to add second reading of Ordinances 20, 21, 22 and 24 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add second readings to Ordinances 20, 21, 22 and 24 to this evening’s agenda. Ordinance #23 will be retained in committee. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 20, 21, 22 and 24 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearings for this evening. COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 63 MINUTES OF THE MEETING FEBRUARY 27, 2023 OLD BUSINESS PRESIDENT SHERER: We are now under Old Business and there is no Old Business for this evening. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have four speakers for this evening. I would like to remind our speakers that you do have three minutes on the topic that you wrote down to speak about, and our first speaker is… uh, Mr. Doyle Walker. Mr. Walker, could you please state your name and residential address, please. DOYLE WALKER: My name is Doyle Walker. I reside at 1427 Housel Ave SE, Canton, Ohio. Members of Council, you have over 230 names of residents in the City of Canton, Ohio. (Inaudible)… for the record, for the audience I agreed (inaudible) that document. We, the citizens of the 4th Ward of the city of Canton, Ohio (inaudible) the same recreational amenities in our park as the other existing parks in the city of Canton have. (Inaudible) residents (inaudible). We do manage construction, additions, upgrades and configurations of the pictured amenities as the community sees fit. We also manage (inaudible) spring, summer recreational season for 2023. Our community should not have to continue to be ignored (inaudible) and deprived of the recreational amenities that other area parks enjoy and have enjoyed for years. Nor should our community be substandard in comparison. We (inaudible) on our own behalf (inaudible) solidarity of the 4th Ward residents of the city of Canton, Ohio. As an example of how (inaudible) recreational discrimination (inaudible) softball field and supposed walking path. Both of those amenities are listed on the (inaudible) as existing amenities at Crenshaw Park. There is no softball park (inaudible) at Crenshaw Park. There is no walking path at Crenshaw Park. There was once a semblance of a walking path. It’s now part of the parking lot of Stark Area Regional Transit Authority. Amenities… the money for these amenities has been allocated (inaudible) infrastructure needs are minimal. Our residents, our youth, our children, our community should not have to suffer anymore for neglect of recreational amenities. I move that we expedite this issue and get these problems resolved. Thank you so much. (Applause) PRESIDENT SHERER: Thank you, Mr. Walker. Our next speaker is Mr. David Kerestes. Mr. Kerestes, could you please state your name and residential address, please. DAVID KERESTES: My name is David Kerestes and I am now homeless. I am homeless because I contacted Rick Hoffman to look into illegal funding into 1019. At that point I asked him to do that cause the kitchen, bathroom, roof, all these things never had a permit, nor did the city of Canton assess them properly and (inaudible). I don’t even want to talk about that. What I want to talk about is going to court (inaudible). I was in court in front of Edward Elum talking about Chapter 505-491 (inaudible) unethical conduct. Um, right now I owe $55.00. I’ve asked for transcripts of all three times I showed up… PRESIDENT SHERER: Mr. Kerestes, could you please speak into the mic so everybody can hear you, please. DAVID KERESTES: I asked to buy all three transcripts from the Massillon Court and (inaudible) will not sell them to me, and quite frankly are in violation of the Freedom of Information Act. (Brief pause) PRESIDENT SHERER: Mr. Kerestes, you’re gonna have to speak into the mic because nobody can hear that, so you… COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 64 MINUTES OF THE MEETING FEBRUARY 27, 2023 DAVID KERESTES: Well, that would be Edward Elum on the court docket, and he’s speaking of (inaudible) selling drugs, unethical conduct. Possibly all the way back to Harmon and Belden. Any my father was (inaudible). His brother was killed on the railroad tracks. So I’m seeking to buy these things because I speak of the bus garage kicking me off for a year, (inaudible). And there’s just a whole lot of unethical conduct. At that point, thinking of Chapter 2922.21, anyone hindering any type of investigation would be held accountable. In fact he is. In fact I called the FBI for help (inaudible) implicate them and the unethical conduct that I see nobody doing anything about. Thank you. PRESIDENT SHERER: Thank you, Mr. Kerestes. And our last speaker for this evening, and I mistakenly only have three speakers for this evening, is Miss Kimberly Bell. Miss Bell, would you please state your name and residential address, please. KIMBERLY BELL: Yes. My name is Kimberly Bell, 1733 Morris Avenue. I have a couple things that I wrote down. Okay. Um, a couple weeks ago, my niece… my… my sister called the police department because two… two or three masked men showed up to my sister’s house and jumped on her son as he was getting out of the car to go to work. And… I mean, to go in the house. And, so she calls the police and… she called the police she said about 7:30. The police department did not come to her house. They called her at 11:30, and… and I have the video on my phone and it’s… it’s clearly showing the front door of my sister’s house where these… these… these kids showed up and jumped on my nephew. And they are clearly saying… when they’re beating him up (inaudible) my nephew’s fighting back, they clearly said but (inaudible) punching him at… (inaudible) referring to you ain’t hitting hard enough or whatever. So the police department showed up, it’s 11:30 at night, so she’s back in the house, but the video is showing the beat come up, and then the video is also showing my sister coming outside, and had my sister come outside with a gun and… and… and shot them, the police would have showed up, or had they killed my sister or my nephew, they would have showed up. This is at 7:30 at night, nobody shows up. They call her, the Township people calls her. The ambulance calls her to tell her, “Well, Canton City is really busy.” And she said, “What!” So I’m downstairs to see the police chief, and Sergeant Brown came out. I showed her the video. She said, “Well, do you want to file a complaint?” No, I want the police to do their job. Had my sister killed somebody, they’d have been here, or had they killed my sister, they’d have been there. And I also gave you guys a letter. Okay, ABCD Homes were built from my understanding under government funding or whatever. Kenny Peterson and Mike Doss is taking over or managing the properties. I… I started the letter, this is the beginning of the letter. I… I had (inaudible) and I knew what I was gonna talk about. But the end… I got to end the letter, but that’s to, uh… uh, the first thing (inaudible) about the housing problems. PRESIDENT SHERER: Thank you, Miss Bell. COMMUNICATIONS PRESIDENT SHERER: We are now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY, IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED FEBRUARY 27, 2023. COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 65 MINUTES OF THE MEETING FEBRUARY 27, 2023 1. RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR JANUARY 2023. – CHIEF GABBARD 2. AUTH TIF DESIGNATION FOR PARCELS 10007643 & 10007645 (JJP COMPANIES, LLC). – ECONOMIC DEVELOPMENT DIRECTOR HARDESTY 3. HEALTH DEPT/BUILDING CODE DEPT AGMT; EMERGENCY. – FINANCE DIRECTOR CROUSE 4. REQ APPROVAL TO ALLOW CITY OF CANTON TO ENTER INTO “NEW NATIONAL OPIOID SETTLEMENTS.” – LAW DIRECTOR REESE 5. REQ AUTH TO APPROVE EDITING AND INCLUSION OF ORDINANCES ADOPTED FROM 12/20/21 TO 11/21/22 INTO CODIFIED ORDINANCES. – LAW DIRECTOR REESE 6. ADVISE OF RESIDENTIAL RENTAL DEVELOPMENT PROJ AT 1031 TUSCARAWAS ST W. (SCOTT SKINNER). – NEWTON FAMILY HOMES LLC 7. REQ REPLAT OF LOTS 23016 AND 23017 (PARCELS 208212 & 208213) FOR HABITAT FOR HUMANITY, WARD 4. – PLANNING COMMISSION 8. REQ REPLAT OF PART OF OUT LOT 38 (PARCELS 216847 & 246133) FOR HABITAT FOR HUMANITY, WARD 4. – PLANNING COMMISSION 9. REQ REPLAT OF LOTS 35176, 37084, 37586, 38915, 3837, 3838, 3839-3843, 3844-3848, 3849-3851, 3852-3855, 3856-3859, 3830-3861, PART OF LOT 3836 AND PART OF VACATED ALLEY (PARCELS 280111-280144, 280236, 280237 & 280240), WARD 4. – PLANNING COMMISSION 10. ADVISE OF CITY OF CANTON 2023 UTILITY RATES ADJUSTMENTS. – SERVICE DIRECTOR HIGHMAN 11. AUTH SANITATION DEPT VEHICLE PURCHASES; EMERGENCY. – SERVICE DIRECTOR HIGHMAN 12. ADVISE OF RESIDENTIAL RENTAL DEVELOPMENT PROJ AT APPROX 1354 LINWOOD AVE SW (ALEX FRAZIER). – THE MANNING TWG DEVELOPMENT LLC 13. RPT OF PARKING METER REVENUE FOR JANUARY 2023. – TREASURER PEREZ 14. COMPARATIVE RPT OF CASH RECEIPTS AS OF JANUARY 31, 2023. – TREASURER PEREZ 15. RPT OF BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF JANUARY 31, 2023. – TREASURER PEREZ ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Madam Clerk, would you please begin with Ordinance #16. NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCES #16 THROUGH #19 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 66 MINUTES OF THE MEETING FEBRUARY 27, 2023 O#16. (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A DESIGN-BUILD CONTRACT UTILIZING AMERICAN RESCUE PLAN ACT FUNDS FOR THE CONSTRUCTION OF A CITY- WIDE FIBER NETWORK AND SAFETY CAMERA EXPANSION; AND TO ENTER INTO ALL ADDITIONAL NECESSARY CONTRACTS; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR RELATED PROJECT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL; AUTHORIZES THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE STARK COUNTY BOARD OF COMMISSIONERS FOR THE CONSTRUCTION OF AND PAYMENT FOR A SHARED CITY-COUNTY FIBER NETWORK; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee O#17. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 100/2011, AS AMENDED, TO ESTABLISH THE ATTACHED EXHIBIT AS THE CLASSIFICATION PLAN FOR THE SERVICE DIRECTOR’S WATER CONSTRUCTION, REPAIR, MAINTENANCE, SUPPLY AND TREATMENT DIVISION EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee O#18. (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ALL CONTRACTS NECESSARY FOR THE PURCHASE OF ONE (1) FULL SIZE CARGO VAN, ONE (1) 4X4 HEAVY DUTY CHASSIS CAB, ONE (1) HEAVY DUTY CARGO BOX, ONE (1) MINI EXCAVATOR AND ONE (1) ASPHALT HOT BOX; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY (WATER DEPT) Referred to Public Property Capital Improvement Committee O#19. (1st RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO HOLT STREET SE; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ANY AGREEMENTS NECESSARY FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Madam Clerk, would you please begin with Ordinance #20. NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCES #20, 21 AND #24 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#23 RETAINED IN COMMITTEE): COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 67 MINUTES OF THE MEETING FEBRUARY 27, 2023 O#20. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 3/6/23 @ 7:00 PM O#21. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $900,000 TO PROVIDE FUNDS TO MAKE A LOAN FOR ECONOMIC DEVELOPMENT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY (HERCULES DEVELOPMENT PROJECT) O#22. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,250,000 TO PROVIDE FUNDS TO PAY A PORTION OF THE COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING, FURNISHING, OR EQUIPPING AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY (HALL OF FAME VILLAGE) O#23. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH DOWNTOWN CANTON PARTNERSHIP, INC. IN AN AMOUNT NOT TO EXCEED $250,000 PER YEAR FOR TWO YEARS, FOR THE PERIOD MARCH 1, 2023 THROUGH FEBRUARY 28, 2025 UTILIZING ISSUE 13 COMPREHENSIVE PLAN FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY O#24. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT FOR AND ACCEPT $26,050.79 IN GRANT FUNDS FROM THE OHIO OFFICE OF CRIMINAL JUSTICE SERVICES; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE PURCHASE OF NINE (9) MOTOROLA/ WATCHGUARD V300 BODY-WORN CAMERAS WARRANTY, BATTERIES, AND CLOUD-BASED STORAGE IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZING THE AUDITOR TO RENAME THE 2786 POLICE EMS TRAINING AND EQUIP GRANT FUND TO 2786 2023 STATE OF OHIO BODY-WORN CAMERA GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 290/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($26,050.79 SUPP APPROP FR UNAPPROP BAL OF 2786 2023 STATE OF OHIO BODY-WORN CAMERA GRANT FUND TO 2786 102001 POLICE ADMIN – OTHER; $26,050.79 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN – ADV OUT; $26,050.79 INTER-FUND ADV FR 1001 102001 – ADV OUT TO OTHER FUND TO 2786 102001- ADV IN) CLERK WOOD: Mr. President. COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 68 MINUTES OF THE MEETING FEBRUARY 27, 2023 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third, Final Reading and Vote. Madam Clerk, would you please begin with Ordinance #25. NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCES #25 THROUGH #28 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#25. (3rd RDG) ADOPTED AS ORDINANCE NO. 28/2023 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A JOB CREATION AND RETENTION AGREEMENT WITH MIDWEST INDUSTRIAL SUPPLY, INC. PURSUANT TO THE CITY’S INCENTIVE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #25. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #25. Are there any remarks? … Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 28/2023 PRESIDENT SHERER: The motion carries and Ordinance #25 is adopted. Ordinance #26, please. O#26. (3RD RDG) ADOPTED AS ORDINANCE NO. 29/2023 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A JOB CREATION AND RETENTION AGREEMENT WITH UNION METAL INDUSTRIES CORPORATION PURSUANT TO THE CITY’S INCENTIVE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #26. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #26. Are there any remarks? … Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 69 MINUTES OF THE MEETING FEBRUARY 27, 2023 #26 ADOPTED AS ORDINANCE NO. 29/2023 PRESIDENT SHERER: Motion carries and Ordinance #26 is adopted. Ordinance #27, please. O#27. (3RD RDG) ADOPTED AS ORDINANCE NO. 30/2023 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT FOR AND ACCEPT $11,000.00 IN GRANT FUNDS FROM THE OFFICE OF CRIMINAL JUSTICE SERVICES, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE PURCHASE OF TWO WATCHGUARD CAMERA SYSTEMS AND VIRTUAL TRAINING IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 290/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($11,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN – OTHER) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #27. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #27. Are there any remarks under this Ordinance? … Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 30/2023 PRESIDENT SHERER: Motion carries and Ordinance #27 is adopted. Ordinance #28, please. O#28. (3RD RDG) ADOPTED AS ORDINANCE NO. 31/2023 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER CONTRACT CHANGE ORDER NO. 1 WITH WENGER EXCAVATING, INC. IN AN AMOUNT NOT TO EXCEED $330,582.60; AUTHORIZING THE AUDITOR TO PAY MORAL OBLIGATIONS RELATED TO THIS CHANGE ORDER THAT TAKE PLACE PRIOR TO THE FINALIZATION OF SAID CHANGE ORDER; AMENDING APPROPRIATION ORDINANCE NO. 290/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($285,582.60 APPROP TRF FR 4501 202001 ENGINEERING – ADMINISTRATION – OTHER TO 4501 207068 HARVARD AVE AREA WTR MN REPLAC – OTHER) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #28. COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 70 MINUTES OF THE MEETING FEBRUARY 27, 2023 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #28. Are there any remarks under this Ordinance? … Hearing none, roll… roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #28 ADOPTED AS ORDINANCE NO. 31/2023 PRESIDENT SHERER: Motion carries and Ordinance #28 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under Announcement of Committee Meetings. Our next meeting date will be Monday, March 6th and Committee starts at 6:30 P.M. MEMBER HALL: Mr. President. PRESIDENT SHERER: Member Hall. MEMBER HALL: Mr. President, Community & Economic Development will meet at 6:30 on Mar… uh, March…? PRESIDENT SHERER: Sixth. MEMBER HALL: March 6th. PRESIDENT SHERER: March 6th. Thank you, Member Hall. MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Personnel will meet same time, same place. PRESIDENT SHERER: Thank you, Member Babcock. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place. PRESIDENT SHERER: Thank you, Member Scaglione. MEMBER SMITH: How you doin’? PRESIDENT SHERER: (Inaudible) How you doin’? COUNCIL PROCEEDINGS JOURNAL 111 JOURNAL PAGE 71 MINUTES OF THE MEETING FEBRUARY 27, 2023 MEMBER SMITH: (Chuckles) MEMBER FISHER: Uh, March 6th at six… 6:30. PRESIDENT SHERER: Six-thirty. Thank you Member Fisher. MEMBER FISHER: Environmental & Public Utilities. PRESIDENT SHERER: Thank you, Member Fisher. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMITH: Yes, Mr. President. PRESIDENT SHERER: Member Smith. MEMBER SMITH: I’d like to address Mr. Walker. Uh, if you could wait after the meeting, we can discuss the park problem. I understand you already talked to Doug Foltz about it, and you’ve already went to the Park Commissioner about it, and… uh, things were already on the agenda to be done, so I would like to discuss it with you just to let you know and be aware of what’s happening at Crenshaw Park. Thank you. PRESIDENT SHERER: Thank you, Member Smith. Is there any other Miscellaneous Business for this evening? Leader. MEMBER SMUCKLER: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adjourn. Madam Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. PRESIDENT SHERER: This meeting is adjourned. Thank you for coming this evening. (Gavel falls) ADJOURNMENT TIME: 7: 34 PM ATTEST: March 2, 2023 APPROVED: JILL M. WOOD WILLIAM SHERER CLERK OF COUNCIL PRESIDENT